IP in Islamic Law? Deriving Similar Patent Regimes from John Locke and the Qurʾān

When it comes to new technology and Islamic law, it turns out that the principles of Western intellectual property law are quite similar to Islamic property and contract law, according to Turkey editor Gizem Orbey. On her analysis, the latter permits the same applications as the former. Major sources of Islamic law are mum as to protecting … Continue reading IP in Islamic Law? Deriving Similar Patent Regimes from John Locke and the Qurʾān

Country Profile: The Ottoman Empire

By Gizem Orbey Background summary: Legal history survey Demographics. The Ottoman Empire was a sprawling and powerful multinational, multicultural state founded by Oghuz Turks in 1299 in Anatolia and dissolved in the wake of World War I to create Turkey, the modern Balkans, and other Middle Eastern states.[1] The first Ottoman census, taken in the … Continue reading Country Profile: The Ottoman Empire

Will-based Waivers of Necessary Joinder Can Bring a Sharīʿa-Derived Patent Regime into Harmony with U.S. Patent Laws

By Gizem Orbey In an earlier series of posts, I argued that that a sharīʿa-compliant patent law regime is possible and can even provide valuable new ideas for solving issues of patent co-ownership that are still extant in U.S. and international patent regimes. I also argued such a regime can be internationally harmonious even despite … Continue reading Will-based Waivers of Necessary Joinder Can Bring a Sharīʿa-Derived Patent Regime into Harmony with U.S. Patent Laws

Strict Sharī’a Inheritance Laws Are Not a Major Roadblock to a Sharī’a-Compliant Islamic Patent Regime

By Gizem Orbey In earlier posts, I argued that a sharīʿa-compliant Islamic patent regime is not only possible, but could supply fresh ideas for solving certain co-ownership problems extant in U.S. and other patent regimes.[1] In this post, I explore limitations on these ideas in anticipation of possible criticism,[2] and in response to the possible … Continue reading Strict Sharī’a Inheritance Laws Are Not a Major Roadblock to a Sharī’a-Compliant Islamic Patent Regime

Existing Sharī’a-Compliant Property Laws Can Suggest Broadly Applicable Solutions for Patent Co-Ownership Problems

By Gizem Orbey In another post, I argue that it is possible to derive a sharīʿa-compliant Islamic patent regime that is in harmony with U.S. and international patent law principles, relying in part on the Ottoman commercial code the Mecelle. That is, I conceive of of the Islamic regime as contracts between inventors and the … Continue reading Existing Sharī’a-Compliant Property Laws Can Suggest Broadly Applicable Solutions for Patent Co-Ownership Problems